Harlan v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
This action was brought before a justice of the peace in Ramsey county to recover for services rendered by plaintiff as a brakeman.
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This action was brought before a justice of the peace in Ramsey county to recover for services rendered by plaintiff as a brakeman. The answer, as a first defence, denied that the plaintiff had worked for the defendant the length of time alleged in the complaint, but admitted 19 days’ work for which the plaintiff had not been paid, and alleged, as a second defence, and as a counterclaim, that the plaintiff had performed his duties so carelessly and negligently as to occasion the defendant damages to the amount of $100, for the excess of which amount over the amount owing plaintiff the answer…
1Opinion of the CourtMitchell, J.
Plaintiff brought this action to recover for services rendered to defendant as brakeman on its railroad. The defendant, in its answer, set up, “by way of defence and counterclaim,” damages sustained through the negligent performance by plaintiff of the *428same contract of employment upon which the action is brought. This could be done, independent of any statute, under the common-law doctrine of recoupment. It was well settled, upon common-law principles, that where the defendant has sustained damages by reason of the plaintiff’s non-performance of his part of the agreement sued on, such…
2Cases cited1 opinion
- Griggs v. FleckensteinSupreme Court of Minnesota · 1869
3Cited by6 opinions
- Stimson v. StimsonNorth Dakota Supreme Court · 1915
- Townsend v. Minneapolis Cold-Storage & Freezer Co.Supreme Court of Minnesota · 1891
- Magistad v. Andrew Schoch Grocery Co.Supreme Court of Minnesota · 1929
- Long v. Mutual Trust Life InsuranceSupreme Court of Minnesota · 1934
- Lyford v. MartinSupreme Court of Minnesota · 1900
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